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SECOND DIVISION

DIGNA RAMOS, G.R. No. 226454

Petitioner,
Present:

- versus - CARPIO, J, Chairperson,

PERALTA,
PERLAS-BERNABE,
PEOPLE OF THE CAGUIOA, and
PHILIPPINES, REYES, JR., * JJ
Respondent.
Promulgated:

x---------------------------------------------- -----~-~--~~-~~~~------x
DECISION

PERLAS-BERNABE, J.:

Assailed in this petition for review on certiorari 1 are the Decision2

dated March 29, 2016 and the Resolution 3 dated August 10, 2016 of the
Court of Appeals (CA) in CA-G.R. CR No. 36970, which affirmed with
modification the conviction of petitioner Digna Ramos (Ramos) for the
crime of Grave Oral Defamation, defined and penalized under Article 358 of
the Revised Penal Code (RPC).

The Facts

This case stemmed from an Information4 filed before the Municipal

Circuit Trial Court of Piat-Sto. Nifio, Cagayan Province (MCTC) charging

On official leave.
Rollo, pp. 3-16.
Id. at 33-51. Penned by Associate Justice Celia C. Librea-Leagogo with Associate Justices Amy C.
Lazaro-Javier and Melchor Q.C. Sadang, concurring.
Id. at 19-20.
4
Not attached to the rollo.

j
Decision 2 G.R. No. 226454

Ramos of the crime of Grave Oral Defamation, 5 the accusatory portion of

which reads:

That on about 4:20 o'clock (sic) in the afternoon of 1i 11 September

2003 at barangay Centro Norte, Sto. Nifio, Cagayan and within the
jurisdiction of this Honorable Court, the above-named accused, with ill
motive, did then and there(,) wil(l)fully, unlawfully, and feloniously,
uttered defamatory remarks against the honor and reputation of the
undersigned complaint Mrs. Patrocinia R. Dumaua, the following words
and/or phrases address (sic) to the undersigned complainant "UKININAM,
PUTA, AWAN AD-ADAL MO" which if translated in the English language
would mean, "VULVA OF YOUR MOTHER, PROSTITUTE,
ILLITERATE."

CONTRARY TO LAW. 6

The prosecution alleged that at around four (4) o'clock of September

17, 2003, private complainant Patrocinia Dumaua (Dumaua) was watering
her plants in her yard, when suddenly, she noticed five (5) schoolchildren
pick up dried leaves and throw them into her yard. When Dumaua called the
attention of the schoolchildren, the latter ran towards the direction of Sto.
Nifio Elementary School, where Ramos works as a public school teacher. A
little later, Ramos arrived, picked up dried banana leaves, and allegedly
threw them into Dumaua's yard, while saying "ta sinnu ti pabasulem nga
agilappak ti bulung, siguro dakayo ta nagpabirthday kayo" which means
"Whom do you blame throwing leaves? Maybe you did because you hosted
a birthday party." This prompted a quarrel between Ramos and Dumaua,
during the course of which Ramos uttered to the latter, "Ukininam, puta,
awan ad-adalmo, nagbalay kayo ti nagdakkelan, magaburan daytoy balay
kon" which translates to "Vulva of your mother, prostitute, illiterate, you
built a very big house, it overshadows my house." This was corroborated by
Orlando Baltazar and Babileo Dumaua, who testified that they were
watching television inside Dumaua's house when the commotion ensued.
According to them, when they went out of the house to check the incident,
they saw the verbal altercation between Ramos and Dumaua already at its
height, with onlookers observing the same. 7

In her defense, Ramos denied making any derogatory remarks against

Dumaua, particularly "ukininam, puta, awan ad-adal mo." She then narrated
that on the time and date in question, she was traversing a pathway located
between Dumaua' s house and that of another neighbor when she saw
Dumaua standing at her yard. Suddenly, Dumaua got angry at her, blamed
her for the garbage in her yard, and threatened her not to use the pathway or
else something will happen. Irked, Ramos asked Dumaua the basis for
prohibiting her to use the pathway and demanded that she be shown her title
over the pathway, but the latter could not produce anything. Ramos then

See rollo, pp. 33-34.

6
Id. at 34.
See id. at 35-36.

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Decision 3 G.R. No. 226454

proceeded to the Sto. Nifio Police Station to report the incident and file a
case of grave coercion against Dumaua. Ramos' s testimony was then
corroborated by her husband, who stated that he was waiting for his wife to
go home when he noticed a commotion involving her. Upon arriving thereat,
he pulled Ramos away as Dumaua was already armed with two (2) stones
and about to grab his wife. 8

The MCTC Ruling

In a Decision9 dated May 15, 2009, the MCTC found Ramos guilty
beyond reasonable doubt of the crime of Grave Oral Defamation, and
accordingly, sentenced her to suffer the penalty of imprisonment of one (1)
year and one (1) day, as minimum, to one (1) year and eight (8) months, as
maximum, of prision correccional and ordered to pay Dumaua the amount
of P20,000.00 as moral damages, as well as the costs of suit. 10

Ramos separately moved for a new trial and for reconsideration, both
of which were denied in Resolutions dated September 28, 2009 and
November 16, 2009, respectively. Aggrieved, she appealed to the Regional
Trial Court of Tuao, Cagayan, Branch 11 (RTC). 11

The RTC Ruling

In a Decision 12 dated September 4, 2014, the RTC affirmed the

MCTC ruling in toto. 13 It found that the prosecution has indeed established
the fact that Ramos uttered defamatory statements of a serious and insulting
nature against Dumaua through the positive testimonies not only of the
latter, but also of the latter's corroborative witnesses. As such, Ramos's bare
denial that she did not say anything defamatory against Dumaua cannot be
given any credence for being unsubstantiated and self-serving. 14

Dissatisfied, Ramos filed a petition for review under Rule 42 of the

Rules of Court before the CA. 15

The CA Ruling

In a Decision 16 dated March 29, 2016, the CA affirmed the rulings of

the courts a quo, with modification, adjusting Ramos' s period of

See id. at 36-37.

9
Not attached to the rollo. See id. at 38.
io Id.
11
See id.
12
Id. at 22-31. Penned by Judge Designate Raymond Reynold R. Lauigan.
13
Id. at 30.
14
See id. at 26-30.
15
Not attached to the rollo. See id. at 33.

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Decision 4 G.R. No. 226454

imprisonment to four (4) months of arresto mayor, as minimum, to one (1)

year and eight (8) months of prision correccional, as maximum, in
17
accordance with the Indeterminate Sentence Law.

Agreeing with the findings of the courts a quo, the CA ruled that
Ramos's bare denials could not stand against the clear and positive
testimony of the witnesses that she indeed uttered the words "ukininam,
puta, awan ad-adal mo" which means "vulva of your mother, prostitute,
illiterate" against Dumaua. In this regard, the CA held that such words were
defamatory and serious in nature as the scurrilous imputations strike deep
18
into the victim's character.

19
Undaunted, Ramos moved for reconsideration but the same was
denied in a Resolution 20 dated August I 0, 2016; hence, this petition.

The Issue Before the Court

The issue for the Court's resolution is whether or not the CA correctly
upheld Ramos' s conviction for the crime of Grave Oral Defamation.

The Court's Ruling

The appeal is partly meritorious.

At the outset, it must be stressed that an appeal in criminal cases

opens the entire case for review and it is the duty of the reviewing tribunal to
correct, cite, and appreciate errors in the appealed judgment whether they are
assigned or unassigned. 21 "The appeal confers the appellate court full
jurisdiction over the case and renders such court competent to examine
records, revise the judgment appealed from, increase the penalty, and cite
the proper provision of the penal law." 22

Moreover, while it is a general rule that a re-examination of factual

findings cannot be done through a petition for review on certiorari under
Rule 45 of the Rules of Court, as in this case, since petitions of this nature
are limited only to questions of law, 23 this rule admits of various exceptions,

16
Id. at 33-51.
17
See id. at 47-48.
18
See id. at 40-47.
19
Not attached to the rollo. See id. at 19.
20
Id. at 19-20.
21
People v. Dahil, 750 Phil. 212, 225 (2015).
22
People v. Comboy, G.R. No. 218399, March 2, 2016~ 785 SCRA 512, 521.
23
See Miro v. Vda. de Erederos, 721 Phil. 772, 785 (2013). Far Eastern Surety and Insurance Co., Inc.
v. People (721 Phil. 760, 767 [2013]; citations omitted) states that "[a] question of law arises when
there is doubt as to what the law is on a certain state of facts, while there is a question of fact when the
doubt arises as to the truth or falsity of the alleged facts. For a question to be one of law, its resolution

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Decision 5 G.R. No. 226454

such as when the judgment is based on a misapprehension of facts or when

24
the factual findings are contrary to the evidence on record.

Guided by the foregoing considerations, the Court deems it proper to

modify Ramos's conviction, as will be explained below.

Article 358 of the RPC defines and penalizes the crimes of Serious
Oral Defamation and Slight Oral Defamation, to wit:

Article 358. Slander. - Oral defamation shall be punished by

arresto mayor in its maximum period to prision correccional in its
minimum period if it is of a serious and insulting nature; otherwise, the
penalty shall be arresto menor or a fine not exceeding 200 pesos.

In De Leon v. People, 25 the Court thoroughly discussed the nature of

Oral Defamation and the parameters for classifying the same as either Grave
or Slight:

Oral Defamation or Slander is libel committed by oral (spoken)

means, instead of in writing. It is defined as "the speaking of base and
defamatory words which tend to prejudice another in his reputation, office,
trade, business or means of livelihood." The elements of oral defamation
are: (1) there must be an imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, status or circumstances; (2)
made orally; (3) publicly; (4) and maliciously; (5) directed to a natural
or juridical person, or one who is dead; (6) which tends to cause
dishonor, discredit or contempt of the person defamed. Oral
defamation may either be simple or grave. It becomes grave when it is
of a serious and insulting nature.

An allegation is considered defamatory if it ascribes to a person the

commission of a crime, the possession of a vice or defect, real or
imaginary or any act, omission, condition, status or circumstance which
tends to dishonor or discredit or put him in contempt or which tends to
blacken the memory of one who is dead. To determine whether a
statement is defamatory, the words used in the statement must be
construed in their entirety and should be taken in their plain, natural and
ordinary meaning as they would naturally be understood by persons
reading them, unless it appears that they were used and understood in
another sense. It must be stressed that words which are merely insulting
are not actionable as libel or slander per se, and mere words of general
abuse however opprobrious, ill-natured, or vexatious, whether written or
spoken, do not constitute a basis for an action for defamation in the

must not involve an examination of the probative value of the evidence presented by the litigants, but
must rely solely on what the law provides on the given set of facts. If the facts are disputed or if the
issues require an examination of the evidence, the question posed is one of fact. The test, therefore, is
not the appellation given to a question by the party raising it, but whether the appellate court can
resolve the issue without examining or evaluating the evidence, in which case, it is a question of law;
otherwise, it is a question of fact."
24
See Pascual v. Burgos, G.R. No. 171722, January 11, 2016, 778 SCRA 189, 205-206, citing Medina v.
Mayor Asistio, Jr., 269 Phil. 225, 232 (1990).
25
G.R. No. 212623, January 11, 2016, 779 SCRA 84.

t./
Decision 6 G.R. No. 226454

absence of an allegation for special damages. The fact that the language is
offensive to the plaintiff does not make it actionable by itself.

xx xx

Whether the offense committed is serious or slight oral

defamation, depends not only upon the sense and grammatical
meaning of the utterances but also upon the special circumstances of
the case, like the social standing or the advanced age of the offended
party. "The gravity depends upon: (1) the expressions used; (2) the
personal relations of the accused and the offended party; and (3) the
special circumstances of the case, the antecedents or relationship
between the offended party and the offender, which may tend to prove
the intention of the offender at the time. In particular, it is a rule that
uttering defamatory words in the heat of anger, with some
provocation on the part of the offended party constitutes only a light
felony." 26 (Emphases and underscoring supplied)

A judicious review of the records of this case reveals that Ramos

indeed uttered the words "ukininam, puta, awan ad-adal mo," which means
"vulva of your mother, prostitute, illiterate," against Dumaua. However, no
evidence was presented to show that Ramos indeed started the altercation by
instructing her schoolchildren to throw leaves into Dumaua's yard, and
eventually, throwing dried banana leaves therein as well. It must be pointed
out that Dumaua' s claim to that effect was not supported by her
corroborative witnesses whose testimonies only pertain to matters
transpiring during the height of the verbal altercation as they were inside the
house when the fight started. Absent such evidence, the Court is inclined to
lend more credence to Ramos's narration that she was just passing through a
pathway adjacent to Dumaua's house when the latter got mad at her; started
blaming her for the garbage in her yard; and warned her not to use the
pathway anymore or else something will happen to her - all of which
resulted in the two of them hurling invectives against one another. Thus, it
may safely be concluded that while Ramos indeed said defamatory words
against Dumaua, the utterances were made in the heat of anger and were
with some sort of provocation on the part of the latter. As such, the Court is
constrained to hold that Ramos is only guilty of the crime of Slight Oral
Defamation.

Since the crime committed is only Slight Oral Defamation which is

punishable by arresto menor or a fine of P200.00, 27 the Court deems it
proper to impose on Ramos the latter penalty instead, with subsidiary
imprisonment in case of insolvency. 28
26
Id. at I 00-10 I; citations omitted.
27
While Section 94 of Republic Act No. 10951, entitled "AN ACT ADJUSTING THE AMOUNT OR THE
VALUE OF PROPERTY AND DAMAGE ON WHICH A PENAL TY IS BASED, AND THE FINES IMPOSED UNDER
THE REVISED PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS 'THE
REVISED PENAL CODE,' AS AMENDED," already increased the prescribed fine to fl20,000.00, such
adjustment could not be made to apply in this case as the crime was committed prior to the law's
enactment. It is settled that penal laws are given retroactive effect only if their application shall be
favorable to the accused, which is not the case here. (See Ortega v. People, 584 Phil. 429, 453 [2008].)
28
See De Leon v. People, supra note 26, at 105-106.

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Decision 7 G.R. No. 226454

As to Ramos's civil liability, while Dumaua is still entitled to moral

damages pursuant to Article 2219 (7)29 of the Civil Code, the Court deems it
proper to reduce the same to PS,000.00 30 in light of the downgrading of
Ramos's conviction to Slight Oral Defamation. Further, such amount shall
earn legal interest at the rate of six percent (6%) per annum from the date of
finality of this Decision until fully paid. 31

WHEREFORE, the petition is PARTLY GRANTED. The Decision

dated March 29, 2016 and the Resolution dated August 10, 2016 of the
Court of Appeals in CA-G.R. CR No. 36970 is hereby MODIFIED, finding
petitioner Digna Ramos GUILTY beyond reasonable doubt only of the
crime of Slight Oral Defamation defined and penalized under Article 358 of
the Revised Penal Code. Accordingly, she is meted with the penalty of a
FINE in the amount of P200.00, with subsidiary imprisonment in case of
insolvency; and ordered to pay private complainant Patrocinia Dumaua the
amount of PS,000.00 as moral damages plus legal interest at the rate of six
percent (6%) per annum from the date of finality of this Decision until fully
paid, and the costs of suit.

SO ORDERED.
u.O,. µpl
ESTELA MJPERLAS-BERNABE
Associate Justice

WE CONCUR:

ANTONIO T. CARPIO
Associate Justice
Chairperson

On Official Leave
ANDRES B. REYES, JR.
Associate Justice
29
Article 2219 (7) of the Civil Code reads:
Article 2219. Moral damages may be recovered in the following and analogous cases:
xx xx
(7) Libel, slander or any other form of defamation.
xx xx
30
See De Leon v. People, supra note 26, at I 06.
31
See People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331, 388.
Decision 8 G.R. No. 226454

ATTESTATION

I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.

acr-----..
ANTONIO T. CA
Associate Justice
Chairperson, Second Division

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, and the

Division Chairperson's Attestation, I certify that the conclusions in the
above Decision had been reached in consultation before the case was
assigned to the writer of the opinion of the Court's Division.

MARIA LOURDES P.A. SERENO

Chief Justice